Franklin Pierce Center for IP Newsletter - Fall 2012
News From UNH Law's Franklin Pierce Center for Intellectual Property
Message from Mary Wong, Director
As the Franklin Pierce Center for Intellectual Property enters its second year of operations, I’d like to thank all the alumni, judges, practitioners and scholars who have supported it and its globally-recognized intellectual property programs and students. For the coming year, we hope to build on our initial successes by further strengthening our faculty, expanding our international programs, and contributing to the further growth of intellectual property-related applied research and education.
Our new Intellectual Property Master Class Series has been very well-received by students and alumni, and will be expanded. In addition to the existing classes on Patent Re-Examination and Post-Grant Practice, and Current Issues in Copyright Practice, we have added classes on Copyright & Trademark Litigation Strategy and Practice before the International Trade Commission. I’m particularly pleased to announce that Judge Arthur Gajarsa, who has joined UNH Law as our first-ever Distinguished Jurist-in-Residence, has begun teaching a Master Class on Advanced Patent Law, with a focus on the new America Invents Act.
We have just hosted the Second Annual IP Scholars’ Roundtable, around the theme “IP & the Constitution”. Thanks to the 24 academics and scholars from around the country and our fellow law schools in the New England region who came and presented papers on various aspects of the US Constitution and their relationship to intellectual property, from the First, Fifth and Seventh Amendments to questions relating to pre-emption and international law.
My faculty colleagues and I look forward to another year of success for the Franklin Pierce Center for Intellectual Property, and to welcoming you all to our events and programs.
UNH Law Announces IP Boot Camp
UNH Law is accepting nominations for entry-level and junior faculty to participate in a three-day workshop for new academics focused on researching intellectual property (IP) law. The IP Boot Camp will be held from June 6 through 8, 2013, and is designed to introduce new IP academics to the scholarship side of academia. As home to the largest IP library in the United States and with the only dedicated IP librarian in the country on our faculty, the Franklin Pierce Center for Intellectual Property will organize sessions led by our experienced faculty and other esteemed academic colleagues on topics including:
* Developing and advancing a scholarly research agenda
* Identifying and accessing relevant public and private databases
* Creating scholarship likely to be cited by courts
* Effective networking within the discipline of intellectual property
In addition to the various working sessions and social events, a highlight of the Boot Camp will be a cocktail reception at the Squam Lake home of the Honorable Arthur J. Gajarsa, Circuit Judge (ret.), U.S. Court of Appeals for the Federal Circuit and current Distinguished Jurist-in-Residence at UNH Law.
Questions about or nominations for the IP Boot Camp may be sent to IP.Center@law.unh.edu.
UNH Law Hosts 2nd Annual IP Scholars’ Roundtable
On September 28-29, UNH Law hosted the 2nd Annual IP Scholars' Roundtable. Two dozen IP scholars from around the country gathered for two days of presentations and discussions focused on “Intellectual Property and the Constitution.”
According to Professor Mary Wong, director of the Franklin Pierce Center for IP, “the idea is for intellectual property and constitutional law scholars to discuss and exchange views on this important and complex topic, in an informal and intimate academic environment.”
This year’s Roundtable follows upon last year's inaugural event, which was a key feature of the opening weekend for the launch of the Franklin Pierce Center for Intellectual Property.
Several UNH Law alumni participated in the Roundtable, including Professors Daniel Cahoy (Penn State), Llew Gibbons (Toledo), and Lars Smith (Louisville). For a full list of participants and papers, please visit here.
Arthur J. Gajarsa American Inn of Court Launched
UNH Law co-founded the newest member of the national Linn IP Inn Alliance: the Arthur J. Gajarsa American Inn of Court. Honoring our first Distinguished Jurist-in-Residence, Judge Arthur J. Gajarsa, the Inn was launched in Concord, NH, on September 13. As part of the launch, Judge Richard Linn presented Judge Paul Barbadoro, U.S. District Court for the District of New Hampshire and Founding President of the new Inn, with its charter and formally welcomed it into the Linn IP Inn Alliance. Membership of the Arthur J. Gajarsa American Inn of Court is open to judges, academics, government officials, practitioners and students from across New England. For inquiries, contact firstname.lastname@example.org.
The TTAB Comes to UNH Law
When the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent & Trademark Office conducted a live hearing at the Franklin Pierce Center for Intellectual Property on September 20, students had a rare opportunity to witness the proceedings in an inter partes case before the TTAB.
Opposition No. 91192657 addressed whether the trademark FOOTLONG may be registered by the owner of the Subway sandwich shop franchise for sandwiches. Subway’s application for registration is being opposed by Sheetz of Delaware, an owner of gas stations and convenience stores that sell sandwiches and other items. The basic question before the TTAB panel was whether or not the mark FOOTLONG is generic or had acquired distinctiveness through secondary meaning.
Before the live oral argument, Chief Judge Gerard F. Rogers spoke about TTAB practice and procedure, and Anne Gilson LaLonde, author of Gilson on Trademarks, discussed the future of nontraditional trademarks. Following the live oral argument, a panel discussion was held that included a Q&A about the case with the attorneys for both parties.
According to Professor Ashlyn Lembree, head of the Intellectual Property and Transaction Clinic at UNH Law, this was a rare educational opportunity as many TTAB cases do not proceed to oral argument, and those that do are normally held at the U.S. Patent & Trademark Office headquarters in Alexandria, Virginia.
UPCOMING IP CENTER EVENTS
Launch of New USPTO Patent & Trademark Resource Center
The UNH Law Library, recently designated by the U.S. Patent & Trademark Office (USPTO) as the New Hampshire Patent and Trademark Resource Center (PTRC), will host a Grand Opening on November 1. The Center’s initial activities will focus on electronic access to patent and trademark information and training for inventors, entrepreneurs, businesses, venture capitalists, and lawyers.
In addition to offering free electronic services and resources designed to support the needs of NH-based IP attorneys, the UNH Law PTRC will employ USPTO-trained librarians to assist users with the agency’s patent and trademark databases, and conduct public seminars on IP practice topics of interest to students, researchers and practitioners.
For more information on the Grand Opening, visit: http://law.unh.edu/events/2012/11/patent-and-trademark-resource-center-grand-opening
International IP Practice and the America Invents Act: the Inaugural Robert Shaw International Intellectual Property Symposium
On April 25, 2013, the Franklin Pierce Center for IP will launch a new IP conference series focused on international IP. Made possible with the generous support of the Sughrue Mion law firm, the Robert Shaw International IP Symposium will honor the memory of the late Professor Robert Shaw, who created our globally-renowned flagship Patent Practice Program.
Confirmed speakers at the inaugural event include Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit, former AIPLA President and Sughrue Mion partner Alan J. Kasper, our IP Advisory Council members Prof. Dr. Heinz Goddar and Richard Beem, UNH Law alumni William Mandir JD ‘87, Young Wook Ha MIP ‘90/JD ‘92 and Tadashige Itoh MIP ’98, and experienced in-house counsel and litigators with practice experience in the U.S., Germany, China, Japan and Korea. The symposium will also feature a tribute to Professor Emeritus Karl Jorda, whom we are honored to welcome back for the event. Look for more details about the Shaw symposium in the coming weeks.
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© 2012 University of New Hampshire School of Law